Sarah A. Altschuller

Sarah A. Altschuller

Foley Hoag LLP

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Shareholder Proposals Regarding Corporate Respect for Human Rights

Shareholder proposals filed during this year’s proxy season reflect investors’ continued concerns about the social and environmental impacts of corporate operations. The Proxy Preview published by As You Sow, the Sustainable...more

5/18/2015 - Human Rights Proxy Season Shareholder Activism Shareholders UN Guiding Principles

The California Transparency in Supply Chains Act: New Guidance and Increased Enforcement Efforts

The State of California has recently stepped up enforcement of the California Transparency in Supply Chains Act, which went into effect on January 1, 2012. The California Department of Justice has also issued new guidance on...more

5/11/2015 - Audits Chief Compliance Officers Disclosure Requirements Enforcement Actions Human Trafficking New Guidance Supply Chain Third-Party Relationships Transparency in Supply Chains Act

U.N. Guiding Principles Reporting Framework Released by the Human Rights Reporting and Assurance Frameworks Initiative

In late February, after 18 months of research and consultation, a new Reporting Framework has been released to help companies report on their human rights performance in a manner aligned with the expectations set forth in the...more

3/11/2015 - Corporate Social Responsibility Human Rights New Guidance United Nations

Frequently Asked Questions on the U.S. Government’s National Action Plan on Responsible Business Conduct

On February 12, the U.S. Department of State released a set of “Frequently Asked Questions” (“FAQs”) with regard to the U.S. Government’s efforts to develop a National Action Plan on Responsible Business Conduct. The plan is...more

2/13/2015 - Anti-Corruption Corporate Counsel Department of State Multinationals National Action Plan Transparency

Human Trafficking and Government Procurement: New Requirements for U.S. Federal Contractors

On January 29, the U.S. Government released a final rule establishing new anti-human trafficking requirements for U.S. government contractors. The rule amends the Federal Acquisition Regulation (“FAR”) and seeks to strengthen...more

2/3/2015 - Chief Compliance Officers Compliance Due Diligence FAR Federal Contractors Federal Procurement Systems Final Rules Human Trafficking Manufacturers New Regulations Service Contracts Subcontractors Supply Chain Third-Party Liability Vendors

Federal Acquisition Regulation: Amendments to Strengthen Prohibitions Against Trafficking

On January 29, 2015, the U.S. Government released a final rule amending the Federal Acquisition Regulation (“FAR”). The final rule reflects changes to proposed amendments originally released in September 2013. The...more

2/3/2015 - Chief Compliance Officers Compliance Due Diligence Executive Orders FAR Federal Contractors Final Rules Human Trafficking Manufacturers NDAA Service Contracts Subcontractors Supply Chain Third-Party Service Provider Vendors

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

1/26/2015 - Alien Tort Appeals Columbia Department of State Dismissals Hiring & Firing Human Rights Negligence Occidental Petroleum Oil & Gas Pipelines Wrongful Death

Canada Announces Revised Corporate Social Responsibility Strategy for the Extractive Sector

Map of Canada in Canadian flag colorsIn November, the Government of Canada announced a revised Corporate Social Responsibility (“CSR”) strategy for the extractive sector. Building on Canada’s plan for Responsible Resource...more

12/22/2014 - Canada Corporate Social Responsibility

International Bar Association Releases Guidance for Lawyers on the U.N. Guiding Principles

The Business and Human Rights Working Group of the International Bar Association (“IBA”) recently released draft guidance for bar association and business lawyers on implementation of the U.N. Guiding Principles on Business...more

12/1/2014 - Corporate Social Responsibility Draft Guidance Human Rights Code United Nations Young Lawyers

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum and AirScan

On November 12, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum and AirScan. The case, Mujica v. AirScan, involves claims by...more

11/19/2014 - Alien Tort Statute Appeals Dismissals Extraterritoriality Rules Occidental Petroleum Oil & Gas

Alien Tort Case Development: The Second Circuit Assesses the Appropriate Focus of Jurisdictional Inquiries

On October 23, the Second Circuit Court of Appeals issued a decision in Mastafa v. Chevron Corp., a case filed against Chevron Corp. and BNP Paribas pursuant to the Alien Tort Statute (“ATS”). The court upheld the District...more

10/28/2014 - Alien Tort Statute Appeals BNP Paribas Chevron Dismissals Human Rights Iraq Jurisdiction

Modern Slavery Bill in the United Kingdom Expected to Include Public Reporting Requirement

Earlier this month, the U.K. Home Office announced that a measure requiring public reporting by British companies would be included in the Modern Slavery Bill that is currently being considered by the House of Commons. The...more

10/21/2014 - Compliance Human Trafficking Reporting Requirements Slavery UK

Alien Tort Case Development: Litigation Against Exxon Mobil Corporation May Proceed

In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both...more

10/1/2014 - Alien Tort Statute Corporate Counsel Exxon Mobil Human Rights Oil & Gas Popular Vicarious Liability

United States to Develop National Action Plan on Responsible Business Conduct

On September 24, at a meeting of the Open Government Partnership at the United Nations, President Obama announced that the U.S. Government would develop a national action plan to promote responsible business conduct. The...more

9/29/2014 - Barack Obama Business Conduct Standards EU National Action Plan Popular Responsible Business Conduct UN Guiding Principles

Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more

9/22/2014 - Alien Tort Statute Cisco Extraterritoriality Rules Ford IBM Kiobel v. Royal Dutch Petroleum Co. Nestle Popular Touch and Concern Standard

Coming Soon: New Requirements for Federal Contractors Regarding Human Trafficking

In the coming weeks, the U.S. federal government is expected to release amendments to the Federal Acquisition Regulation (“FAR”) that are intended to strengthen existing prohibitions against human trafficking by federal...more

9/2/2014 - Executive Orders FAR Federal Acquisition Regulations Federal Contractors Human Trafficking New Amendments Title XVII

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than...more

8/22/2014 - Barack Obama Disclosure Requirements Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Unfair Labor Practices

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

8/19/2014 - Barack Obama Discrimination DOL Employer Liability Issues Executive Orders Federal Contractors LGBT New Regulations Protected Class Sexual Orientation Discrimination Subcontractors

A Conference on Law and Corporate Social Responsibility

International Bar Association Conference on Law and Corporate Social ResponsibilityIt used to be that the links between corporate social responsibility (“CSR”) and the law were not so clear. Practitioners in the field were...more

7/31/2014 - Compliance Corporate Culture Corporate Social Responsibility

Corporate Social Responsibility and the Law Alien Tort Case Developments: Fourth and Eleventh Circuits Apply Kiobel’s “Touch and...

In the last month, two federal appellate courts have issued decisions in cases filed against U.S.-based corporations pursuant to the Alien Tort Statute (“ATS”). Both courts applied the “touch and concern” standard established...more

7/29/2014 - Alien Tort Statute Contractors Corporate Social Responsibility Extraterritoriality Rules

Transparency and Human Trafficking: Is Your Company Prepared?

Companies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on...more

7/10/2014 - Corporate Counsel Disclosure Requirements Human Trafficking Proposed Legislation Risk Assessment Risk Mitigation Trafficking Transparency

H.R. 4842: New Bill Calls for Transparency on Trafficking and Slavery in Corporate Supply Chains

On June 11, Representative Carolyn Maloney (D-NY) introduced H.R. 4842, the Business Supply Chain Transparency on Trafficking and Slavery Act of 2014. The bill, if passed, would require companies to file annual reports with...more

6/23/2014 - Disclosure Requirements Human Rights Human Trafficking Proposed Legislation SEC Secretary of Labor Sex Trafficking Slavery Supply Chain Trafficking Transparency

U.S. Labor Law and Child Labor in Corporate Supply Chains

Human Rights Watch‘s recent report, Tobacco’s Hidden Children – Hazardous Child Labor in United States Tobacco Farming, seeks to draw attention to the presence of child labor on American tobacco farms and to the significant...more

5/27/2014 - Child Labor Human Trafficking Supply Chain

D.C. Circuit Largely Upholds SEC’s Conflict Minerals Rule But Supports First Amendment Challenge

On April 14, the D.C. Circuit Court of Appeals issued an opinion in National Association of Manufacturers v. SEC, a case that sought to challenge the conflict minerals rule released by the Securities and Exchange Commission...more

4/17/2014 - Conflict Mineral Rules First Amendment Manufacturers SEC

Foley Hoag Authors Good Practice Note on Indigenous Peoples’ Rights and Free, Prior, and Informed Consent

The U.N. Global Compact recently released a Good Practice Note on Indigenous Peoples’ Rights and the Role of Free, Prior, and Informed Consent (“FPIC”) authored by Amy Lehr, an associate in Foley Hoag’s Corporate Social...more

4/1/2014 - FPIC Indigenous Peoples Informed Consent International Finance United Nations

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